(a) The legislative rule filed in the State Register on May 6,
2013, authorized under the authority of section six, article six-a,
chapter twenty-two of this code, approved for promulgation by the
Legislature on April 12, 2013, relating to the Department of
Environmental Protection (horizontal well development, 35 CSR 8),
is authorized with the following amendment:

On pages ten and eleven, by striking out all of subdivision
5.7.a. and inserting in lieu thereof a new subdivision 5.7.a. to
read as follows:

5.7.a. All applications for well work permits shall be
accompanied by a well site safety plan to address proper safety
measures to be employed for the protection of persons on the well
site, as well as the general public in the area surrounding the
well site. Each plan shall be specific to the well site described
in the permit application and include the surrounding area. The
plan shall encompass all aspects of the operation, including the
actual well work for which the permit is sought, the anticipated
MSDS for the chemical components added to the hydraulic fracturing
fluid, and completion, production, and work-over activities. It
shall be made available on the well site during all phases of the
operation and provide an emergency point of contact and twenty-four
(24)-hour contact information for the well operator. At least
seven (7) days before commencement of well work or site preparation work that involves any disturbance of the land, the well operator
shall provide a copy of the well site safety plan to the local
emergency planning committee (LEPC) for the emergency planning
district in which the well work will occur or to the county office
of emergency services. The operator shall also provide one copy of
the Well Site Safety Plan to the surface owner, any water purveyor
and any surface owner subject to notice and water testing as
provided in section 15 of this rule: Provided, That in the event
the Well Site Safety Plan previously provided to a surface owner,
water purveyor or surface owner, is later amended, in whole or in
part, the operator shall provide a copy of the amendments to the
surface owner, water purveyor or surface owner. The operator
should work closely with the local first responders to familiarize
them with potential incidents that are related to oil and gas
development, so that the local first responders have the
information they need to provide the support necessary for the
operator to implement the well site safety plan. The well site
safety plan shall include, at a minimum, the information contained
in subdivisions 5.7.b. through 5.7.h.

(b) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (ambient air quality standards, 45 CSR
8
), is authorized.

(c) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, modified by the Department
of Environmental Protection to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on September 4, 2013, relating to the Department of
Environmental Protection (permits for construction and major
modification of major stationary sources for the prevention of
significant deterioration of air quality, 45 CSR 14
), is
authorized.

(d) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (standards of performance for new
stationary sources, 45 CSR 16
), is authorized.

(e) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
combustion of solid waste, 45 CSR 18
), is authorized.

(f) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (permits for construction and major modification of major stationary sources which cause or contribute
to nonattainment areas, 45 CSR 19
), is authorized.

(g) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
hazardous waste treatment, storage or disposal facilities, 45 CSR
25
), is authorized.

(h) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (emission standards for hazardous air
pollutants, 45 CSR 34
), is authorized.

(i) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section four, article
eleven, chapter twenty-two of this code, modified by the Department
of Environmental Protection to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on November 27, 2013, relating to the Department of
Environmental Protection (requirements governing water quality
standards, 47 CSR 2), is authorized with the following amendment:

On page thirty-seven, parameter 8.1, by striking out the words
"For water with pH <6.5 or >9.0";

And,

On page thirty-seven, by striking out all of parameters 8.1.1
and 8.1.2.

(j) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section seven, article
eleven, chapter twenty-two of this code, modified by the Department
of Environmental Protection to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 18, 2013, relating to the Department of
Environmental Protection (state certification of activities
requiring federal licenses and permits, 47 CSR 5A), is authorized.

(k) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section three, article
twenty-two, chapter twenty-two of this code, modified by the
Department of Environmental Protection to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on December 17, 2013, relating to the Department of
Environmental Protection (voluntary remediation and redevelopment,
60 CSR 3
), is authorized, with the following amendment:

On page two, subsection 2.22., line twenty-one, following the
words "refers to a", by striking the "A"; and

On page three, subsection 2.35., line twenty-six, by striking
the words "Section 3 of Article 22"; and

On page nine, paragraph 4.3.d.6., line thirty-five, by
striking the character "2" at the beginning of the line; and

On page nine, paragraph 4.3.d.6., line forty-five, following
the words "greater than", by striking the character "2"; and

On page ten, subdivision 5.1.d., line three, following the
words "W.Va. Code §22-22", by inserting a hyphen and the words '1,
et seq.'; and

On page fourteen, subdivision 5.3.k., line four, following the
words "and practical knowledge" by striking the semi-colon; and

On page fifteen, subdivision 5.5.e., line three, by striking
the word "thirty" at the beginning of the line; and

On page nineteen, subparagraph 7.4.b.21.A., line twenty, by
renumbering the subparagraph as 7.4.b.1.A.; and

On page nineteen, subparagraph 7.4.b.31.B., line twenty-four,
by renumbering the subparagraph as 7.4.b.1.B.; and

On page nineteen, subparagraph 7.4.b. .1.C., line twenty-nine,
by renumbering the subparagraph as 7.4.b.1.C.; and

On page nineteen, paragraph 7.4.b.52., line thirty-three, by
renumbering the paragraph as 7.4.b.2.; and

On page nineteen, subparagraph 7.4.b.62.A., line thirty-eight,
by renumbering the subparagraph as 7.4.b.2.A.; and

On page twenty, subparagraph 7.4.b.72.B, line one, by
renumbering the subparagraph as 7.4.b.2.B.; and

On page twenty, paragraph 7.4.b.83., line five, by renumbering
the it as subparagraph 7.4.b.2.C.; and

On page twenty, subparagraph 7.4.b.105, line fifteen, by renumbering the subparagraph as 7.4.b.2.D.; and

On page thirty-six, paragraph 10.2.b., at the beginning of
line sixteen, by striking the "5", before the words "five days";
and

On page thirty-eight, subdivision 11.4., line six, following
the words "have been submitted to the", by striking the word
"Division" and inserting in lieu thereof the word "Department"; and

On page thirty-eight, paragraph 12.2.a., line thirty-six,
following the words "applicant and determine within", by striking
the word "sixty"; and

On page thirty-nine, paragraph 12.2.c., line fifteen,
following the words "final report was properly issued, he", by
inserting the words "or she".

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.